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  1. #1
    Join Date
    Nov 2005
    Location
    New York
    Posts
    6

    Default Obtaining Visitation in New York

    Hi Everyone..we just found this forum today. My boyfriend has a 10 year old daughter that currently lives in Florida with her mom and stepfather. She was born in NY and was practically raised with my boyfriend and her grandmother until she was a little over 2 years old(I wasn't in the picture at this time). The mother had a new boyfriend and moved to Florida with him. She had promised my boyfriend visitation rights but since then has given him time with his daughter when she feels like it. My boyfriend has a child support order and has been paying it. In fact, he was paying and even sending the mother money and packages through western union and the postal office. She wanted more money and they took him to court and raised the amount. He sends money and packages still. Unfortunately last time he went to court they also charged him-well actually re-calculated the current child support amount for all the years he's been on child support and subtracted the difference from his old child support. I hope that wasn't too confusing. Anyhow, he currently has a huge arrears that they dumped on him 2 years ago, even though he was paying his old support order. Anyhow..Our main problem comes with the visitation. The mother currently allows my boyfriend 1 month in the summer.Its been this way for the past 3 years. Although last year she denied him the month because he was experiencing some difficulty sending the support payments since he was temporarily un-employed. Since then though we have made it a priority to send her money monthly and have always told her to please feel free and let us know what we can get for her in our packages to her throughout the year. Before that it would be maybe 5 days or whenever she was on vacation in NY and would let him see her for a few days. We pay for the flights going and coming and also-since his daughter doesn't want to fly by herself we'll even pay for one of us roundtrip to pick her up and one of us to drop her off..so in total 3 roundtrip tickets for her to be with us in the summer. We also furnish her with a new wardrobe of clothes, school supplies, toys ect. She always leave with at least 2-3 additional bags We love her and feel its our duty to be there for her. We even moved into a 2 bedroom so that she could have her own room. We cherish the time we have with her and feel that we should be able to share holidays such as Christmas or New years and maybe Easter break. We know his daughter wants that b/c she tells us. Because we are in NY we have heard that we need to go to Florida to file a petition for visitation. We've tried to go to Family Court but to be honest it all seems so confusing. The people we encounter seem to give us a hard time and barely give us any direction. Does anyone have any suggestions? Can we call and make an appointment and schedule a weekend or week out there and get the paperwork done? Is there anything else we need to know? Also, what are his chances in getting visitation rights? I think I heard the standard is 7-8 weeks? Thanks again for reading this.We have tried to speak to the mother and have asked her if we could please schedule a time schedule for the year. That maybe aside from the month in the summer, if we could do alternate holidays. She seems to always come up with an excuse like its her husband's birthday or they have made plans. I'm sorry for the long post..I'm just the type of person that likes to state everything I think is revelant. Please let me know if I need to include more information. Once again, thank you for reading and Thanks in advance for any input or suggestions. Have a Wonderful Day!

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Custody Problems

    Really, your boyfriend should discuss his situation with a child custody lawyer in whatever state issued the most recent custody or parenting time order. You present a complicated set of facts, and unfortunately they invite guesswork as opposed to a foundation for a clear analysis. A lawyer can review the full facts and circumstances of your boyfriend's situation, advise him as to his present rights and remedies, and assist him with any resulting litigation.

  3. #3
    Join Date
    Nov 2005
    Location
    New York
    Posts
    6

    Default

    Hi and thank you for your quick response. The problem is that there has never been a custody order. We have gone to the NY Family Court-the same place the child support order was placed and have inquired about Visitation Rights. They always say we need to do the paperwork in Florida since that is where she resides. Lawyers are very costly and we were wondering if there were any good place to start looking for legal representation. Also, I once heard that we "could" start the paperwork here. I know eventually we will need a lawyer but are there any steps we can start on our own first? Thanks again and Have a Good Day!

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Finding a Florida Lawyer

    You may wish to explore these resources from the ABA.

  5. #5
    Join Date
    Nov 2005
    Location
    New York
    Posts
    6

    Default

    thanks..we will check it out

  6. #6
    Join Date
    Nov 2005
    Location
    New York
    Posts
    6

    Default

    By the way, the legal representation should be sought in Florida right? I ask b/c I just want to be sure we shouldn't seek out anyone in NY. Thanks again

  7. #7
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default

    You say that there is no existing custody or parenting time order. That would ordinarily mean that jurisdiction would lie in the child's home state, normally the state in which the child has been domiciled for the past six months.

  8. #8
    Join Date
    Nov 2005
    Location
    New York
    Posts
    6

    Default

    oh ok..thanks. We will try and contact legal representation from the list you provided. Thanks again. By the way, and so sorry to ask so many questions-I'm sure the lawyer will be able to answer this question but would anyone happen to know what is the standard on visitation awarded under these circumstances. Is the standard time normally roughly 7 weeks? And, is it normally the case that based on both parents financial situation, they can determine if they should split traveling expenses? Also, I guess the most my boyfriend can seek is visitation since he resides in a different state right? (as opposed to joint) Thanks again

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